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HIGH COURT OF JAMMU AND KASHMIR
HON’BLE THE CHIEF JUSTICE, CJ, HON’BLE MR. JUSTICE MA CHOWDHARY, J
UNION TERRITORY THROUGH POLICE STATION CHADOORA (HOME) (NIA) – Appellant
Versus
SHOWKAT AHMAD TANTRY – Respondent
ORDER :
Tashi Rabstan, C.J.
1. CrlM No. 1275/2024 is an application filed by the State seeking condonation of delay of 230 days in filing the appeal.
2. In support of his submissions, Mr. Fahim Nisar Shah, learned GA appearing for the applicant/appellant submits that the judgment against which the appeal is sought to be filed is passed on 29.12.2023. The file was processed for sanction and on 03.07.2024, the sanction was obtained. The certified copy of the said judgment was received on 12.07.2024 after 200 days. On 04.09.2024, the appeal was filed only after 52 days of obtaining the sanction. Hence, the delay of 230 days is caused in filing the appeal.
3. Learned counsel for the applicant/appellant submits that the delay caused on the part of the State in filing the appeal is neither intentional nor willful.
4. Learned counsel for the applicant submits that the grounds in the appeal are strong on merits and the applicant/appellant is sure to succeed in the appeal and, in case, the delay is not condoned, there would be grave miscarriage of justice.
5. On the other hand, Mr. Wajid Haseeb, Advocate submits that the condonation of delay application is without any basis. The contents of the a
Government departments must provide satisfactory explanations for delays in legal proceedings; mere procedural delays are insufficient for condonation.
The court emphasized the accountability of State-Authorities for inaction and held that the impersonal machinery of the government cannot be used as a ground for condonation of delay.
Government entities must provide compelling reasons for delays in legal proceedings, as bureaucratic inefficiencies are insufficient for condonation.
Merely because the applicant seeking condonation of delay is the Government, no exception can be made.
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